Ending a Tenancy: Your Rights and Responsibilities

Ending a tenancy isn’t just about giving notice and walking away. Whether you’re the tenant or the landlord, there are clear rules about how and when a tenancy can end — and what must happen before you hand back the keys. This article explains the legal process, your obligations, and how to protect yourself from unfair treatment.

Types of Tenancy Endings

There are three main ways a tenancy can end:

1. By Mutual Agreement

Both parties agree to end the tenancy on a specific date. This must be in writing.

2. By Notice

One party gives proper notice under the law. The notice must be:

• In writing
• Include the correct notice period
• State the reason (if required)

3. By Tribunal Order

The Tenancy Tribunal can end a tenancy if:

• There’s serious breach
• The property is uninhabitable
• The landlord or tenant applies for termination

Notice Periods for Tenants

If you’re a tenant, you can end a periodic tenancy by giving:

• 28 days’ written notice
• No reason required
• Notice must be clear and dated

For fixed-term tenancies:

• You cannot end early unless the landlord agrees
• Or unless the Tribunal grants early termination

Notice Periods for Landlords

Landlords can end a periodic tenancy by giving:

• 90 days’ notice (no reason required)
• 63 days’ notice if the property is needed for a family member
• 42 days’ notice if the property is sold and settlement is within 90 days

They must state the reason if using the shorter notice periods.

What Happens at the End of a Tenancy

You must:

• Remove all belongings
• Clean the property
• Return all keys and remotes
• Leave the property in reasonable condition
• Pay any outstanding rent

The landlord must:

• Refund the bond (minus any agreed deductions)
• Provide a final inspection
• Not charge for fair wear and tear

Final Inspection and Bond Refund

You have the right to:

• Be present at the final inspection
• Dispute any claims for damage
• Request photos or evidence
• Challenge unfair deductions at the Tribunal

Bond refunds must be processed jointly — both parties must sign.

Early Termination Options

You can apply to the Tribunal for early termination if:

• The property is unsafe
• The landlord has breached the agreement
• You’re experiencing hardship
• You’ve been harassed or threatened

The Tribunal may grant immediate or delayed termination.

Common Disputes (and How to Avoid Them)

• Bond deductions for cleaning → Take photos before leaving
• Claims of damage → Request evidence
• Unreturned keys → Get a receipt when handing them over
• Disputes over notice periods → Keep written records

Summary

Ending a tenancy is a legal process — not a handshake. You have the right to:

• Give proper notice
• Leave without penalty if you follow the rules
• Be present at the final inspection
• Challenge unfair bond deductions
• Apply for early termination if needed

Know your rights. End it cleanly.